Because interpretation of the Arizona anti-deficiency statutes and related real estate laws can be very complicated, borrowers and lenders are advised to seek the assistance of an experienced real estate attorney.
Once I understand my potential liabilities, if any, what are my options?
Once you have educated yourself about your specific situation, we encourage you to explore all your options with your lender. Do they offer a refinance through H.A.R.P.? Will they modify your current loan through H.A.M.P.? Will they work out a Cash for Keys agreement with you through H.A.F.A.?Would they be willing to extend the foreclosure, allowing you enough time to sell your property utilizing a short sale? Remember, they may be as eager to work something out as you are, especially if you are in a position with little or no liability. Some clients, after consulting with a professional about any potential liabilty may simply want to walk away and rid themselves of their current housing situation.
If I do simply walk away, how long before I may be eligible to purchase another home?
Although the guidelines vary depending on the specific investor and the reason for the foreclosure, the earliest you can likely anticipate qualifying for a mortgage is three years and in some situations as long as five years. However, there are alternative ways to achieve your housing goals. You may utilize seller financing, a land contract or a lease option suitable to bridge the amount of time neccessary before you can qualify for a new loan.